Background checks in Florida have two levels: Level 1 and Level 2. These levels differ in scope, method, criminal record-level search, and screening process. This article will provide an overview of Level 2 background checks.
Definition of Level 2 Background Checks
Level 2 background checks are thorough screenings that typically involve state and national records. They check a person’s criminal history, educational background, employment records, and other related information.
Employers request these checks for those applying for positions of trust or responsibility related to the following:
- Children or vulnerable adults
- Finances or sensitive information
- Law enforcement or security
Differences Between Level 1 and Level 2 Background Check
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Level 1 Background Check
Level 1 background check is a basic, name-based, state-only check. It usually includes checks on employment history, criminal records, and the sex offender registry. The processing time is shorter than Level 2 background checks.
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Level 2 Background Check
This is a more comprehensive check. It is a fingerprint-based, state and national check which includes state and national checks on criminal records and the sex offender registry.
The fingerprint check is through the FDLE for Florida criminal history and the Federal Bureau of Investigation’s NCIC for nationwide criminal history.
The processing time for this search takes longer than the level 1 check.
Components of a Level 2 Background Check
These are the typical components of a Level 2 background check:
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Fingerprinting
Level 2 background check includes fingerprint collection. The fingerprint collected is submitted to the Florida Department of Law Enforcement (FDLE) for state-level criminal checks and the Federal Bureau of Investigation’s National Crime Information Center (NCIC) for national-level checks.
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Criminal Record
Level 2 check inspects an applicant’s criminal record at the state and national records. It examines their arrests, convictions, and pending cases.
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Sex Offender Registry Check
The verification involves checking the sex offender registries and looking into detailed offenses, risk levels, and other information.
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Employment History Verification
An employment background check is part of the Level 2 check. It examines previous employment records, including any discrepancies or misrepresentations.
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Education Verification
It will also investigate the applicant’s educational credentials, ensuring their qualifications.
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Professional License Verification
Level 2 check includes confirmation of any professional licenses presented by the applicant.
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Reference Checks
It will also contact references mentioned by the applicant. This is to verify their character and past work performance.
Industries Requiring Level 2 Background Checks
The following are the industries requiring Level 2 background screening:
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Healthcare
The healthcare industry requires Level 2 background checks for all personnel working in direct patient care in a medical facility or as an independent contractor. These include doctors, nurses, nursing assistants, medical assistants, home health aides, therapists, pharmacists, and dentists.
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Education
School employers need Level 2 background checks for employees interacting directly with students. Examples are teachers, administrators, and support staff.
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Childcare
Level 2 background check is required for employees in daycare centers, preschools, after-school programs, and even volunteers who work more than 40 hours per month.
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Elderly Care
Like those in the healthcare industry, those working in nursing homes, assisted living facilities, and other senior care settings must undergo a Level 2 background check.
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Financial Services
A Level 2 check might be necessary for those working in financial services because of sensitive financial information.
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Law Enforcement
Police officers, firefighters, EMTs, and other first responders must undergo a Level 2 background check.
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Security
Security guards, private investigators, and other security-related positions undergo a Level 2 check.
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Government and Public Sector
Federal, state, and local government employees, especially those involving sensitive or confidential information, need a Level 2 check.
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Social Services
Social services workers working directly with children and other vulnerable populations must undergo Level 2 background checks. These checks apply to roles such as child protective services and social workers.
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Transportation
Some workers in the transportation industry need a Level 2 pre employment background check. This is especially true for those transporting vulnerable individuals and hazardous materials.
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Gaming and Lottery
Like in financial services, some gaming and lottery workers must undergo Level 2 checks.
Legal Implications and Compliance
At the national level, the Fair Credit Reporting Act and the Equal Employment Opportunity Commission are the two laws affecting how employers conduct background checks. Florida has some state laws that have a bearing on background checks.
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The Fair Credit Reporting Act (FCRA)
The FCRA aims to ensure fairness and accuracy in conducting background checks. It requires employers to obtain permission from the applicant before a background check can be done.
If the applicant is not hired based on the background check report, the employer should provide them with a copy of the report and a summary of their FCRA rights.
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The Equal Employment Opportunity Commission (EEOC)
The EEOC is the leading agency enforcing Equal Employment Opportunity (EEO) laws. The EEO laws are a collection of federal laws prohibiting discrimination in employment, including hiring, promotion, termination, and workplace policies.
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Florida Laws Affecting Background Checks
Florida Level 2 background check is affected by several state laws.
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Title VII of the Civil Rights Act of 1964
This federal law prohibits hiring and workplace discrimination based on race, color, religion, sex, or national origin.
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Ban-the-Box Law
Florida does not have a statewide “ban-the-box” law, prohibiting criminal background checks in hiring. Only Miami-Dade County and Pinellas County apply this law.
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Florida Statute 435
This is Florida’s Employment Screening law. It requires employers to conduct employee background checks in various sectors, including childcare, elderly care, and other positions of trust.
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Florida Statute 112.011
This state law allows employers to do background checks on employees as a condition for hiring. They cannot deny employment to candidates for low-level crimes, only for those high-level ones.
The Process of Conducting a Level 2 Background Check
Here are the steps in conducting a Level 2 background check:
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Obtaining Consent
The employer must obtain written consent from the applicant to conduct a Level 2 employment background check.
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Fingerprinting
The applicant must go to an FDLE-authorized fingerprint service provider such as Edge Information Management. They offer LiveScan fingerprinting services. Once the fingerprints are collected, they will be submitted to the FDLE which will forward them to the Federal Bureau of Investigation’s NCIC.
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Criminal History Checks
The FDLE will check the fingerprints for state-level criminal history checking. The NCIC will check its database for national-level criminal record checking.
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Other Checks
Third-party background screening service providers like Edge Information Management can do the additional screenings for the employer. Additional screenings include the following:
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Employment history verification
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Education verifications
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Sex offender registry search
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Drug screening
Requesting and Interpreting Level 2 Background Checks
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Requesting the Check
The ones requiring a Level 2 pre employment background check such as employers, licensing boards, or agencies will make the request. The applicant’s part is to give written consent.
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Interpreting the Results
In Florida Level 2 background check, the requesting entity will receive and interpret the results.
Final Thoughts
Level 2 background check is a more comprehensive check than Level 1. It is fingerprint-based, involving state and national criminal screening. Processing time is longer than Level 1 because of the depth of screening.
Most employers who request this check from applicants are involved in children or vulnerable adults, finances or sensitive information, and law enforcement or security.
Florida Level 2 background check is affected by several state laws such as Title VII of the Civil Rights Act of 1964, Ban-the-Box Law, Florida Statute 435, and Florida Statute 112.011
